임금 및 퇴직금 청구의 소
The defendant shall pay 40,487,470 won to the plaintiff and 20% per annum from June 21, 2018 to the day of complete payment.
The Plaintiff, who was employed by the Defendant and worked for the Defendant from April 15, 2009 to June 6, 2018, and the fact that the Plaintiff was not paid a total of KRW 40,487,470 after his retirement, may be acknowledged by the entry of the evidence No. 1 and the purport of the entire pleadings.
Therefore, the defendant is obligated to pay to the plaintiff 40,487,470 won and damages for delay calculated at the rate of 20% per annum from June 21, 2018 to the date of full payment, which is the day following the 14th day after the retirement of the plaintiff.
2. The Defendant’s assertion that the amount of KRW 28,05,953, and KRW 4,432,000, which was paid as part of retirement pay on October 25, 2019, deposited in the Plaintiff’s account under the name of the Plaintiff, should be deducted from the Plaintiff’s claim amount, but there is no evidence to acknowledge this.
[Evidence] The parties shall appear on the date for pleading or the date for preparatory pleading and submit it in reality, and the same applies to cases where it is deemed that the complaint attached with documentary evidence is stated (see Supreme Court Decision 91Da15775, Nov. 8, 1991). While the Defendant submitted the briefs attached with documentary evidence on September 7, 2020, it shall be deemed that the above briefs submitted by the Defendant, as the first date for pleading opened on September 8, 2020 and the second date for pleading opened on October 6, 2020, were not present on October 6, 2020, shall be deemed to have been stated, while the Defendant cannot be deemed to have submitted documentary evidence attached to the above briefs as evidence). Accordingly, the above argument by the Defendant is groundless.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.